Dennis Ray Graves v. Supreme Court of Virginia

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [999973794-2] Originating case number: 1:16-cv-01131-JCC-JFA Copies to all parties and the district court/agency. [1000054396]. Mailed to: Graves. [16-2076]

Appeal: 16-2076

Doc: 11

Filed: 04/03/2017

Pg: 1 of 3

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-2076

DENNIS RAY GRAVES,
Petitioner - Appellant,
v.
SUPREME COURT OF VIRGINIA,
Respondent - Appellee.

Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. James C. Cacheris, Senior
District Judge. (1:16-cv-01131-JCC-JFA)

Submitted:

March 30, 2017

Decided:

April 3, 2017

Before TRAXLER and WYNN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.

Dismissed by unpublished per curiam opinion.

Dennis Ray Graves, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 16-2076

Doc: 11

Filed: 04/03/2017

Pg: 2 of 3

PER CURIAM:
Dennis

Ray

Graves

seeks

to

appeal

the

district

court’s

order construing his petition for a writ of mandamus as a 28
U.S.C. § 2254 (2012) petition and dismissing it as successive
and unauthorized.
justice

or

The order is not appealable unless a circuit

judge

issues

a

certificate

U.S.C. § 2253(c)(1)(A) (2012).

of

appealability.

28

A certificate of appealability

will not issue absent “a substantial showing of the denial of a
constitutional right.”

28 U.S.C. § 2253(c)(2) (2012).

When the

district court denies relief on the merits, a prisoner satisfies
this

standard

by

demonstrating

that

reasonable

jurists

would

find that the district court’s assessment of the constitutional
claims is debatable or wrong.

Slack v. McDaniel, 529 U.S. 473,

484

Cockrell,

(2000);

(2003).

see

Miller-El

v.

537

U.S.

322,

336-38

When the district court denies relief on procedural

grounds, the prisoner must demonstrate both that the dispositive
procedural ruling is debatable, and that the petition states a
debatable claim of the denial of a constitutional right.

Slack,

529 U.S. at 484-85.
We have independently reviewed the record and conclude that
Graves has not made the requisite showing.

Accordingly, we deny

a certificate of appealability, deny leave to proceed in forma
pauperis,

and

dismiss

the

appeal.

We

dispense

with

oral

argument because the facts and legal contentions are adequately
2

Appeal: 16-2076

Doc: 11

Filed: 04/03/2017

Pg: 3 of 3

presented in the materials before this court and argument would
not aid the decisional process.
DISMISSED

3